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Solicitors & AdvocatesLLPSinghania & Partners www.singhania.in
Arbitration & Litigation
Estd. 1999
70+ Lawyers
13 Partners
3 Branch Offices
7 Associate Offices
A SPECIALIST DISPUTE RESOLUTION FIRM
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Clients include Fortune 500
Companies, Large and
Medium Businesses,
Multinational Corporations,
Government Authorities
and Public Enterprises.
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CHAMBERS& PARTNERS- -
Your guide to the world’s best lawyersYour guide to the world’s best lawyersYour guide to the world’s best lawyers
● Represented in issues related to FIDIC, EPC, Turnkey Projects, Concession Agreements and Public Private Partnership model disputes.
● Contesting international and domestic commercial
arbitrations before institutional and ad-hoc forums.
● Representing various clients before National Company Law Tribunal (Erstwhile Company Law Board) in matters including petitions for Oppression & Mismanagement.
● Interim relief for clients before, during and after the
arbitration proceedings.
● Successful track record in enforcement of domestic
and foreign arbitration awards.
● Specialty in dealing with disputes in Contracts with
Government Authorities, Consulting Agreements,
Construction Projects, Dealership Agreements,
Energy, Power, Telecommunication sector, Gas
Pipelines, Building Contracts, Road Construction etc.
● Successfully obtained favorable awards for clients in
high stake matters.
We are also recommended by
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VE UREI I
Our PracticeArbitration & Litigation
Bankruptcy Law
Our team has a great deal of experience in dealing with bankruptcy issues. We serve clients seeking relief as lender, creditor, debtor, investor or in any other capacity when confronted with legal problems related to bankruptcy and insolvency. We advise on exit strategies, refinancing, debt restructuring, distressed debt trading and investment in distressed assets. We also represent our clients before National Company Law Tribunal and other courts of law. We have provided legal opinion and represented clients in Real Estate, Education, Steel, and Infrastructure.
Intellectual Property Litigation
Strategies to meet client's business objectives and contesting client matters in Intellectual Property Rights related litigation, obtaining interim injunction in Trademark Infringement disputes.
Merger Sanctions
Our M&A and dispute resolution teams advise on complex legal issues and represent clients for all approvals, regulatory compliances and sanction of schemes for Merger & Acquisition or scheme of arrangement between the company and its shareholders or between shareholders.
White Collar Crimes
Comprehensive services in preventive compliance, regulatory enforcements and representation of corporates as well as accused persons and interested parties in criminal matters.
Experience with insurance advisory companies, Prevention of Money Laundering Act, 2002, Real Estate Frauds, Mismanagement of Funds in Joint Venture Contracts involving high-stakes in multiple jurisdictions.
Antitrust Litigation
We have affirmed the rights of our clients against the unfair conduct and abuse of dominant position by others and vice versa. Our experience across a wide range of industries and practice areas in courts and quasi-judicial bodies equips us to handle civil and criminal antitrust litigation.
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RECENT ENGAGEMENTS Ÿ Arbitration Disputes
Ÿ Antitrust/ Competition Matters
Ÿ Bank Guarantees
Ÿ Company Matters
Ÿ Consumer Matters
Ÿ Contractual Disputes
Ÿ Debt Recovery
Ÿ Employment Contracts
Ÿ Franchise & Distribution
Ÿ Intellectual Property Litigation
Ÿ Joint Venture & Contracts
Ÿ Merger Sanctions
Ÿ Negotiable Instruments
Ÿ Oppression and Mismanagement
Ÿ White Collar Crime
Arbitration & Litigation
· ABS Consulting Group Inc and Equecat, a business risk consultant to insurance, reinsurance and financial clients, before the
District Courts and High Court in criminal proceedings.
· ACP Investment Group, LLC vs. Alternatives Asset Research Management (AARM) based in Visakhapatnam, India. To take legal
steps for recovery of outstanding.
· Aksh Optifiber Ltd. in arbitration against Bharat Sanchar Nigam Ltd. (BSNL) which had imposed heavy MPLS charges for
providing bandwidth.
· Ansal Buildwell Ltd (ABL), a realty major in contractual disputes with various Government Authorities. Representing ABL in
arbitration proceedings and before different High Courts to challenge awards.
· Boortmalt N.V. a Belgian malt manufacturing company in various court-proceedings arising out of their collaboration with an
Indian party.
· Bureau of Energy Efficiency (BEE) before Appellate Tribunal for Electricity, Delhi against allegations of natural justice
violations. Successful in obtaining interim relief in favour of the Client. Representing the client in the following matters:
- Mukund V. Bhandare vs Bureau of Energy Efficiency & Anr. DFR No. 1291 of 2016 - Defending BEE before Appellate Tribunal
for Electricity, Delhi against allegations of natural justice violations. Successful in obtaining interim relief in favour of the
Client.
- M/s. Gujarat Alkalies and Chemicals Ltd. v. Union of India through Secretary (Power) and (BEE), SCA No.11227/2017
before High Court of Gujarat at Ahmedabad - Petitioner filed the petition for seeking the challenge of the legality, validity
and vires of Clause 4(4) of the Procedure for Registration of a Designated Consumer with Registry as Eligible Entity & # 39
issued by CERC. The matter is listed for arguments.
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- Lafarge India Pvt. Ltd. v. Union of India & Ors. (BEE), Writ Petition (C) No.481/2015 before High Court of Chhattisgarh at
Bilaspur-Writ Petition under Article 226/227 of the Constitution of India for issuance of writ in nature of certiorari,
mandamus, prohibition and other suitable writ or writs, direction or directions, order or orders. The matter is listed for
arguments.
· C&C Constructions Ltd. against Uttar Pradesh Rajkiya Nirman Nigam Ltd. for illegal termination of Contracts claim against loss
of profit and infructuous expenses for overheads. Representing the client in the following matters:
- BSC C&C (JV) V. Union of India (CPWD) - C&C Constructions Limited (C&C) was allotted the work of the construction of the
Parliament and Indian Chancery Building at Kabul, Afghanistan by Union of India through Central Public Works Department
(CPWD). C&C along with B. Seenaiah & Co. formed a JV for the purpose of carrying out the allotted work of construction of
Parliament and Indian Chancery Building at Kabul, Afghanistan and the work has been successfully completed by JV so
formed in the said matter. However, a dispute arose between the JV and CPWD which has been refereed to Arbitral Tribunal
and is presently pending adjudication. C&C has made claims amounting to US$ 64.13 million ( 416 crore) . C&C has `
appointed the firm to represent them before the Hon'ble Arbitral Tribunal for the various disputes arising between the
parties in the said matter.
- We are also representing C&C in another matter currently pending adjudication before the tribunal, in regard to extension
of time and Bulk Electro-mechanical services in the Afghanistan Parliament by the Union of India through CPWD. C&C has
made claims amounting to US$ 10.56 million( 68.64 crore), which are presently pending adjudication before the Hon'ble `
Arbitral Tribunal.
· Denel (SOC) Ltd. a South African Government owned Defence Company in multifarious arbitration proceedings involving
contractual disputes with Government of India. Also, set precedents by getting removed Government nominated
arbitrators.Representing the client in the following matter:
- Received the arbitral award in an International arbitration in favour of the client involving claims worth USD 2.8million (`
18.6 crore) against Ministry of Defense, Govt. of India. The arbitral tribunal consisting of two retired Supreme Court judges
and one arbitrator from Singapore also rejected the counter claims worth USD 0.4million . (` 2.6 crore)
· Dragon Treasure Shipping Limited for execution of the foreign awards passed against an Indian company for recovery of
awarded amounts in an ICC Arbitration. The firm is also representing the client in the arbitration proceedings filed by
opponent challenging the arbitral awards, pending before the High Court of Judicature at Bombay.
· East India Udyog Limited in disputes arising out of Joint Venture (JV) Contract with a Nigerian Company in criminal
proceedings, legal notices, complaints, etc.
· IJM Corporation Berhad in arbitrations with North Delhi Municipal Corporation for contractual disputes involving claims and
counter claims worth US$* 150 million (`1000 crore).
- Defending the interest of Client IJM Corporation in an Arbitration petition under Section 11(4) (6) and (8) of the Arbitration
and Conciliation Act, 1996 for appointment of the nominee Arbitrator in a dispute of US$ 28 million (` 185 Crore) against
Delhi Metro Rail Corporation.
· IJM Infrastructure (India) Limited in a matter involving the appointment of the arbitrator by Delhi Metro Rail Corporation
before the Delhi High Court.
· InVentiv International Pharma defending and representing the company against the Writ Petition arising out of suit for eviction
filed by Opposite party before Bombay High Court. Also, representing the client in a summary suit before Bombay High Court
for recovering unpaid security deposit from opposite party along with interest.
· Jengan Establishment, U.A.E in arbitration as well as before the Court in action against the Indian Partner for mismanagement
of funds of the Indian Joint Venture.
· Karam Chand Thapar & Bros. (Coal Sales) Ltd. (KCT) in claims against THDC India Ltd. in the arbitration proceedings in
contractual disputes arising out of delay in Dam Construction Projects.
· Louis Berger Group before Delhi High Court in a dispute related to Road Construction where Louis Berger was appointed as an
independent consultant by National Highways Authority of India (NHAI).
· McGrawHill Education India Pvt. Ltd., New Holland Fiat India Ltd., Sharp Business Systems in dealership agreements related
arbitrations with clients and dealers across the country. Also handling issues related to the recovery of dues, property, lease,
house tax, stamp duty and other local laws including civil and criminal suits, dishonor of cheques, and consumer matters
across fora.
7*1 US$ = `65
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· Ministry of Road Transport and Highways on the question of law and interpretation of the Constitution of India in a writ
jurisdiction before the High Court of Karnataka and its benches.
· Mumbai International Airport Limited (MIAPL), our client filed Company Application in Karnataka High court seeking leave of
the court to permit disposing-off the assets that belonged to Kingfisher Airlines Limited lying at Mumbai International
airport occupying an extent of about 6500 Sq. ft. When the application was taken up, counsel for SBI, the Lead Consortium and
Official Liquidator strongly opposed our application stating that they have the rights and powers to decide what to do with said
assets and even disposal thereof. The court allowed our client MIAPL to sell the assets of Kingfisher airlines lying at their
premises by way of public auction and also granted MIAPL's request to recover expenses related to auction from the sale
proceeds.
· National Highways Authority of India (NHAI) -Representing the client in the following matters:
- Against Obedullaganj Betul Tollways Pvt. Ltd. in dispute worth US$ 105 million (` 700 crore) pertaining to a Concession
Agreement and the Common Loan Agreement in State of Madhya Pradesh for 'Four Laning of Obedullaganj-Betul Section of
NH-69 from 2.8 to Km 8.3Km and from 20.7Km to 137Km on BOT (Toll) Project basis.
- Represented before the Delhi High Court in a writ petition filed by a Bidder, an important issue related to rejection of NHAI
Application for pre-qualification (RFAQ) by was held to be justified. The RFAQ was rejected on the ground that the NHAI
Contract of Associate Company of Applicant with was terminated. NHAI
- The contention of the Applicant that such rejection of RFAQ would amount to blacklisting of the Company was out rightly
rejected. The High Court agreed with our arguments that disqualification in terms of Clause 2.2.7 of RFAQ was justified. In
terms of Clause 2.2.7, the condition of ineligibility was attracted as the Associate Company of the Applicant was expelled by
NHAI which would be a “public entity” as mentioned in the said clause. The High Court rejected the contention of the
Petitioner that would not fall within the definition of any “public entity”.NHAI
· NKC Projects Pvt. Ltd. a leading construction company in a winding up petition before Madras High Court involving an amount
of US$ 14.115 million (`94.1 crore).
· Patel Infrastructure Private Ltd. (PIPL) the company has been awarded an Output and Performance Based Road Contract for
improvement, rehabilitation, resurfacing and routine maintenance work of roads by Public Welfare Department, Government
of Punjab. The firm is advising PIPL on various issues arising between the parties during the performance of the said contract.
The firm is defending PIPL in an arbitration filed by PWD, Punjab involving a claim of US$ 13.43 million (` 90 Crore).
· PNC Infratech Ltd filed Writ Petition against Delhi State Industrial & Infrastructure Development Corporation(DSIIDC) praying
for issuance of a writ of mandamus or any other order or direction like mandamus directing DSIIDC to take a decision on the
issue of payment of annuity due since a long time as per the Concession Agreement.
· Punj Lloyd- Representing the client in the following matters:
- Various ongoing arbitrations and litigations related to construction and infrastructure projects pan India involving stakes of
more than `400 crore). Recently, represented the client before Supreme Court of India in a Special Leave US$ 60 million (
Petition filed by the West Bengal Medical Services Corporation Ltd. We obtained immediate relief for the client wherein an
order of payment of (`19 crore) was made despite the pendency of arbitration proceedings between the US$ 2.85 million
parties.
- Raised the dispute with claims amounting to US$ 37.95 million(`253 crore) (approx) filed before the Arbitral Tribunal on
behalf of Punj Lloyd – Sembawang - Sembawang (India)-Joint Venture against the Bangalore Metro Rail Corporation
We provide legal advisory in both contentious and
non-contentious matters.
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Limited pertaining to the dispute in respect of construction of Elevated Metro Stations i.e., Mysore Road Terminal,
Deepanjali Nagar and Magadi Road, Rajajinagar, Kuvempu Road and Malleshwaram in Bangalore Metro rail Project, Counter
Claim raised by the Bangalore Metro Rail Corporation Limited for an amount of US$ 18 million (`120 crore) (approx) pending
adjudication before the Arbitral Tribunal.
- Legal Opinion on Phulera-Degana Section of Jodhpur Division of North-Western Railway Zone, Awarded by North-Western
Railways (NWR).
- Dolphin Offshore Enterprise vs. Punj Lloyd - Petition under Section 11 before Bombay High Court. To defend our client in the
matter.
- Doosan Infracore vs. Punj Lloyd - Petition under Section 11 before Delhi High Court. To defend our client in the matter.
· PVP Entertainment Ltd. against Omaxe Ltd. in issues relating to compensation for delay in completion of the project by Omaxe
Ltd. as per the agreement between the parties.
· RCI India Private Limited on its international travel business, foreign exchange related issues, day to day legal issues including
vetting of agreements, drafting of notices, replies, and PILs. The firm also represents the client before consumer courts and
Competition Commission of India( CCI).
· Rewa Tollway Pvt. Ltd. (RTPL) a subsidiary of IJM Corporation, Berhad in a writ petition against Madhya Pradesh Road
Development Corporation (MPRDC) before Madhya Pradesh High Court (Jabalpur Bench). Also, successfully obtained desired
relief of injunction for RTPL against the termination of the concession agreement. Representing RTPL in the arbitration
proceedings against MPRDC before Arbitral Tribunal.
· Railtel Corporation of India (RCIL) in the arbitration proceedings against Cloudatix Biz India Ventures Pvt. Ltd. involving claims
of around US$ 4.5 million (`30 crore). We are representing the client in following cases:
- Opinion on substitution of consortium partners by the Lead Bidder (Zee Media) after issuance of Letter of Award.
- In RCIL vs Archon Egnicon- RCIL was provided the legal opinion on trust & retention account.
· Ricoh India in several litigation matters and legal counsel to them for recovery of money, lease related issues, civil suits, writ
petitions, consumer complaints, dishonoring of cheques, execution related matters, issue and responses to demand notices.
Also in taking legal recourse against New Delhi Municipal Council by filing Writ Petition in Delhi HC against the illegal
termination of its contract worth US$ 2.4 million (`16 crore).
· Security Printing and Minting Corporation of India Limited (SPMCIL) in the Suit for recovery of US$ 16.7 million ( 111 crore) `
pertaining to contentious issues of national security against De La Rue International Ltd. pending before District & Session
Court, Hoshangabad at Madhya Pradesh.
· Simplot India in dispute with JV partner Himalaya International Limited. The dispute involved claims upwards of US$ 15 million
(` 100 crore) which are currently pending adjudication before the Delhi Arbitration Centre and the Singapore International
Arbitration Centre. Additionally, representing the Client before the Company Court, Delhi High Court and National Company
Law Tribunal in respect of various proceedings under the Companies Act.
Recently, successfully defended Simplot India Foods Pvt. Ltd. before NCLT in a complaint seeking inquiry and investigations
arising out of contractual disputes.
- Roc vs. Himalaya Simplot Pvt. Ltd. (Case No.8876/2017) - Complaint filed by ROC before Tis Hazari Court under Section 99,
137(3) of Companies Act.
Numerous domestic/ international arbitration awards, case wins, precedents, enforcements and
advisory to our credit in complex projects.
Flourishing Infrastructure Arbitration practice with renowned clientele like Punj Lloyd, IJM
Corporation Berhad, National Highways Authority of India, Patel Infrastructure Private Limited,
C&C Constructions, and Ansal Buildwell.
- Simplot India Foods Pvt. Ltd. (SIFPL) & Anr v. Himalaya International Ltd - SIFPL filed a petition under Section 9 of the
Arbitration and Conciliation Act, 1996 read with Section 151 of CPC, before Delhi High Court. Listed for arguments.
- Himalaya International Ltd. v. SIFPL & Ors - Case No. CS(COMM) 257/2017 before Delhi High Court - HIL filed a suit for losses
and damages seeking recovery of ̀ 10 million + interest@18% towards liquidated and unliquidated damages with respect to
tortious liability against SIFPL & Ors. An application under Section 230-234 of the Companies Act, 2013 and scheme of
Agreement between Himalaya International Limited (HIL) and Appetizers and Snacks Foods Ltd. (ASFL) and Himalya Green
Apartments Ltd. (HAGL) and respective Shareholders & Creditors.
· Sinosteel Equipment & Engineering Co. Ltd. Successfully represented Chinese Company in an International Commercial
Arbitration at ICC, Singapore, in a dispute arising out of contracts for Supply, Designing and Engineering Services for the
Contract of a 1.2 Million ton capacity Pellet Plant. ICC rules of International Commercial Arbitration govern the arbitration
having the substantive law of contract as Indian Law.
· Sri Maruti Wind Park Developers (“Respondent”) Defended the client, a wind energy major against Regen Infrastructure Pvt.
Ltd. (“Claimant”) in an arbitration before Madras High Court Arbitration Centre having seat in Chennai. The dispute related to a
450 MW wind park which was to be developed and commissioned by Sri Maruti. The parties entered into three separate
agreements, each for procurement of land, government approvals and execution of civil works. The Claimant invoked the
arbitration clause in one of the agreements and instituted arbitration before the Madras High Court Arbitration Centre. The
Claimant raised claims, inter alia, for non-completion of job work, losses to materials, expenses incurred, damages etc.
amounting to a total sum of ̀ 250 Crores (approx).
· Solar Designs Pvt. Ltd.- We are representing the client in following cases:
- Solar Designs v. Kamarajar Port Ltd. - Jawahar Building. To assist and provide legal services including arbitration to M/s
Solar Designs Pvt Ltd with reference to its disputes arising with Kamarajar Port Ltd. (KPL), in contract for “Providing Interior
Works to The Kamarajar Port Limited office in Jawahar Building (2nd Floor North Wing 3rd Floor) and CDC building ground
floor of ChPT”.
- Solar Designs v. Kamarajar Port Ltd., Nerkundran - Initiation of Arbitration.
· State Bank of India(SBI) before the adjudicating authority under the Prevention of Money Laundering Act, 2002. Joint Director,
Directorate of Enforcement at Bangalore filed a complaint seeking confirmation of provisional attachment order issued earlier
on some of the properties on which charges were created in favour of SBI, on the ground that the said properties were acquired
out of “proceeds of crime.”
· Technopak Advisers Pvt. Ltd. in international arbitration disputes with the contractor of Bill and Melinda Gates Foundation.
Also, handling issues related to appointment of the arbitrator before the Supreme Court and pursuing the claims on behalf of
the client in an ongoing arbitration.
· Transfast Instant Global Money Transfer Pvt. Ltd for an SLP filed by Times Money before the Supreme Court of India.
· Represented a USA based industrial conglomerate present in various sectors in India in a tax dispute of US$ 4.5 million (`30
crore) before the Supreme Court of India.
· Tupperware India Pvt. Ltd.-Tupperware India Pvt. Ltd. v Veena Walia (OMP. No. 842 of 2011).Petition u/s 34 of the stArbitration and Conciliation Act, 1996 against the arbitral award dated 1 July 2011.
Bank Guarantee Disputes· Aksh Optifiber Ltd. (AOL) for protection against the invocation of bank guarantee by BSNL in a Franchisee Agreement and for an
appeal before Jaipur High Court against an order passed by the Single Judge in a matter arising out of Corporate Guarantee
provided by AOL.
· Denel (SOC) Ltd. in various cases involving invocation of bank guarantee in Sec 9 petition and related proceedings.
· IJM Corporation Berhad, Malaysia, against Municipal Corporation of Delhi and successfully obtained injunction from Delhi
High Court against encashment of bank guarantees of US$ 8.1 million (`54 crore) .
- Successfully defended the interest of the IJM Corporation, Berhad under Section 9 of the Arbitration and Conciliation Act,
1996 before Delhi High Court seeking encashment of Bank Guarantees amounting to `158 rore in a US$ 23.7 million ( c )
contract in respect to 'Two/Four Laning of Talcher-Dubari-Chandikhole Section of NH-200 from Km301.89 to Km.427.885
including km.8.5 to km. 14.886 of NH-23 in the Orissa under NHDP-III on EPC Mode' worth `858 rore .US$ 128.7 million ( c )
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Also, representing the client in an arbitration matter against Municipal Council of Delhi for disputes arising out of the
construction of Civic Centre Building including claims and counterclaims of US$ 150.7million ( 1,000 crores).`
· National Highways Authority of India (NHAI)- We are representing the client in following case:
- NHAI, PIU-Dhenkanal - Corsan Corviam Construccion S.A. v. NHAI Case No. O.M.P. (I) (COMM.) NO. 102 of 2017 -Successfully defended the interest of the Client under Section 9 of the Arbitration and Conciliation Act, 1996 before Delhi High Court seeking encashment of Bank Guarantees amounting to US$ 24 million (` 158 Crore) in a Contract in respect to 'Two/Four Laning of Talcher-Dubari-Chandikhole Section of NH-200 and NH-23 in the State of Orissa under NHDP-III on EPC Mode' worth US$ 129 million (` 858 Crore). Successfully got the appeal dismissed in the interest of the Client.
· Railtel Corporation in multifarious court and arbitration proceedings including the invocation of Bank Guarantees and
contractual disputes.
· WSP Consultants India Limited - Representing the client in following matters
- In multifarious court and arbitration proceedings including the invocation of Bank Guarantees and contractual disputes.
- WSP Consultants India Ltd (WSP) - In employment disputes raised by its ex-Managing Director. Legal Counsel to WSP - Consultants in disputes related to engineering consultancy design agreements. Handled recovery of security amounts under the lease agreement.
- Appointment of an arbitrator before High Court and Supreme Court, drafting of claims, legal notices, etc.
- We also represented WSP in a petition filed before Punjab & Haryana High Court for the merger of their Group companies.
Intellectual Property Litigation · ABS Consulting Group Inc and Equecat, a business risk consultant to insurance, reinsurance, and financial clients before the
District Courts and High Court in matters of Intellectual Property Rights litigation.
· Bonomi Group for obtaining the interim injunction in a case related to trademark violation.
· Bravura Solutions (UK) Ltd successfully protested the relief for a temporary injunction, sought by Sonata Software alleging
infringement of the mark.
· Fedders Corporation, USA for trademark infringement case before the High Court of Delhi against Fedders Lloyd Corporation
Ltd.
· McGraw-Hill Education in a suit for copyright infringement of their publications.
· New Holland Fiat India in a trademark infringement investigation as well as caution notifications to counterfeit automotive
component manufacturers and traders. New Holland Fiat is a leading farm tractor manufacturer and exporter.
· Paradise Rubber Industries that makes football bladders on the trademark infringement issue.
· Rubinetterie Bresciane Bonomi S.P.A, Italy - for obtaining interim injunction for this Italian client in a trademark violation
where the trademark was not registered in India.
· Zertus GmbH (Zertus) for trademark registration, prosecution and oppositions. Zertus and its subsidiaries focuses on the production and marketing of food and food specialties.
Merger Sanctions · Represented Aksh Optifibre Ltd. (AOL), iQor India Services Private Limited (iQor), WSP Consultants India Private Ltd. for
sanction of the scheme of merger of their respective subsidiary into parent companies.
· Advised Jones Lang Laselle for the acquisition of Meghraj Tramell Crow, an international real estate brokerage house operating
in India and subsequent merger.
· Advised McGraw-Hill Asian Holdings (Singapore) Pte Ltd. for further acquisition of 22.23% of total outstanding shares of
CRISIL Limited through voluntary open offer under SEBI Takeover Regulations.
· Mentors Graphics a leader in electronic design and automation for the merger of their Indian subsidiaries in Delhi and
Hyderabad.
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National Company Law Tribunal (NCLT) - Companies Act 2013
We conduct customised sessions on legal rights,
responsibilities and liabilities of directors and senior
members of the legal, corporate affairs and finance verticals
to preempt disputes involving liabilities of directors.
· Belgian Company in a case of oppression and mismanagement (O&M), where the company is cheated by the Indian JV partner,
who siphoned off the funds of JV Company for personal benefit through shell companies.
· Franklin Templeton on the issues impacting the Indian entity due to the restructuring of the foreign parent company in the
USA.
· Italian Company (majority shareholder) in a case of O&M, where the Indian JV partner (minority shareholder)was running a
competitive business to that of JV Company without the knowledge of the Italian shareholder.
· Represented minority shareholder in the JV Company where majority shareholder was acting against the interest of minority
shareholders taking benefit of a majority position on the board of directors.
· Represented minority shareholder of a company where the shareholding was reduced by the majority shareholder and the
nominee director of the minority shareholder was illegally removed from the board of directors.
· Representing minority shareholders of a Company in proceedings initiated by them alleging O&M. Assisting the client before
the Administrator /Facilitator appointed by the NCLT.
· USA defence major in a complaint filed by Registrar of Companies against the company and its directors for non-compliance of
disclosures under the Companies Act.
· Sig Sauer India (a subsidiary of Sig Sauer Inc.) and its directors against Leaseplan India Private Limited in various litigations
including Execution Suits, Recovery Suits, and Company Petitions etc.
· Vintron Informatics Ltd and its promoters in the disputes arising out of the transaction of taking over of Vintron by another
Indian party. Vintron is defending a suit for specific performance filed against it
National Company Law Tribunal- The Insolvency & Bankruptcy Code, 2016· Punj Lloyd Limited represented the client before the NCLT and filed Applications under Section 9 of the Insolvency and
Bankruptcy Code, 2016 for the initiation of Corporate Insolvency Resolution Process (CIRP), as Operational Creditors for dues
against RIDCOR as well as Sunny Vista Realtors, of about US$ 6.92 million (` 45 Crores) and US$ 1.08 million (` 7 Crores)
respectively.
· Sig Sauer, Inc. represented Sig Sauer India (a subsidiary of Sig Sauer Inc.) and its directors against Leaseplan India Private
Limited in various litigations including Execution Suits, Recovery Suits, and Company Petitions etc.
· Technopak Advisors Ltd. represented the client, in an appeal arising out of an order of the NCLT, whereupon an application
under Section 9 of the Insolvency and Bankruptcy Code, 2016 for the initiation of Corporate Insolvency Resolution Process
(CIRP) was filed by a former employee claiming to be an Operational Creditor of Technopak Advisors Ltd. for an amount of US$
0.01 million (` 6.1 lakhs). We have successfully defended the client before the NCLT, by showing that the amount in question
was a disputed debt, and hence an application under section 9 could not be entertained in the present case which view has
been duly appreciated and upheld by the NCLT and the application under section 9 had been duly dismissed.
Antitrust Litigation
· Exclusive Motors Pvt. Ltd., the luxury cars dealer in their disputes with ITDC Ltd. concerning termination of license. Also,
representing client before the Competition Commission of India (CCI) and Competition Appellate Tribunal in a dispute related
to termination of dealership of Super sports cars. The allegation was of indulging in anti-competitive agreements having
adverse effect on competition and abuse of dominant position by the manufacturer.
· The firm successfully represented petitioner in a writ petition challenging the CCI's order which had dismissed the allegations
of cartelization among builders. The Delhi High Court issued notices to CCI, Confederation of Real Estate Developers
Association of India (CREDAI) and 20 prominent developers including Unitech, Tata Housing Development Co, BPTP, Oberoi
Realty and Puravankara Projects to the court.
Land Acquisition Matters
· The firm successfully handled matter before High Court of Karnataka preferred by Kennametal India Limited challenging order
passed by the Special Land Acquisition Officer depriving Kennametal from receiving compensation due to frivolous claims by
the other parties.
· The firm is empanelled with National Highways Authority of India (NHAI) and has successfully defended the interest of NHAI in batch of cases preferred against NHAI challenging Land acquisition, and quantum of compensation amount awarded. Also, representing NHAI in arbitration matters arising out of FIDIC and BOT contracts, both as Claimant and Respondent; The firm has handled arbitration for NHAI against its contractors involving claim and counter claim amounting to about US$ 22.5 million (`150 crore) and has also challenged arbitrators' awards before jurisdictional courts.
Employment Disputes· Legal opinion on judicial approach to downsize contract labour and differentiated individual cases of regular workers under
Industrial Disputes Act and Shops & Commercial Establishment legislations of different states, forecasted possible legal
implications of the removal of individual contract workers. Drafted reply to Legal Notice by contract labour, advised the client
on how to negotiate the exit, and handle the court case to implement the order.
Responding to the exhortations of the High Courts of various states, provide
specialised services in disputes involving Prevention of Sexual Harassment of
Women at Workplace Act. We handhold clients in constitution of Internal Complaints
Committee and guide on handling and redressal of complaints in conformity with the
procedural requirements of the Act.
· Prolonged litigation before Labour department is currently underway in a dispute involving a senior executive who had
claimed retirement benefits/ gratuity more than what was granted to him.
· Meru Cabs engaged us for initiating legal proceedings against ex-employee alleging breach of terms of employment contract
related to confidentiality, non-competition and joining a competitor.
· Advised client which is a leading services and consulting firm on the legal implications for intra-company transfer of
employees from their existing roles to new roles at a lower compensation. Provided assistance in notices to be sent on how to
negotiate with the employees and handle their concerns to obtain satisfactory outcomes.
· Reply to the notice received from Employees' Provident Fund Authority for payment of PF to the employees of contractors.
Opinion on Provident Fund modification in the nomenclature of agreements with the contractor given observation by
Employees' Provident Fund Organization.
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Recovery Suits· Bony Polymers (acquirer) for recovery of security deposit advanced to the target company. The transaction did not go through
and target Company refused to refund the substantial security deposit by the acquirer.
· Boortmalt in an appeal filed before DRT Lucknow under the Securitization Act challenging an action taken by one of the secured
creditors.
· Cube Construction Ltd. against National Building Construction Company in suits for recovery of claims arising out of contract
about the execution of Housing project for Defence personnel (Army) at Ahmedabad and (Air Force) at Darjipura, Vadodara,
Gujarat.
· Energy One Electronics Inc. (USA) against Centum Electronics Limited before the jurisdictional court for recovery of dues owed
to it.
· G4S International (UK) engaged in secure transportation of valuable items, including diamonds and jewelry, in their claim
against a renowned Export House for recovery of outstanding aggregating to US$ 0.138 million (` 0.92 crore).
· IJM India Infrastructure US$ 3 million (` in a recovery suit for a sum of 20 crore) against its sub-contractor.
· Meijer Inc. USA for recovery of the price and losses suffered on account of supply of contaminated product by an Indian
company.
· Mertex UK Ltd. a leading, diversified, natural resources group with renowned activity in the trading of metals, before the
Bombay High Court in a suit filed by a Mumbai based company who is sales agent for the client.
· Mumbai International Airport Pvt. Ltd. (MIAL) before the jurisdictional court in defending suit for recovery of money against
MIAL.
· NTS Scaffoldings Pvt. Ltd regarding suit for recovery to be filed before Delhi High Court.
· Sanmina Corporation regarding a matter on claim for damages by a leading IT Company.
· Seah Metals (A Korean steel major) in a recovery suit involving claims worth US$ 0.75 million (` 5 crore).
· Ssangyong Engineering and Construction Co. Ltd for providing opinion on the various claims made by Ssangyong about road
construction projects, evaluation of those claims and representation before the Dispute Review Board.
· UBL, Hong Kong, an aircraft parts supplier in arbitration proceedings against Bombardier Transport India Ltd. (BTI) for recovery
of unpaid amount by BTI.
· Advising and assisting one of the oldest and most reputed publishing house of UK on their ongoing litigations before the
labour courts on matters relating to payment of gratuity, leave encashment, superannuation, retrenchment, dismissal etc.
· We provided legal opinion and drafted legal notice with respect to termination of an employee to a leading US Financial
Services Company. Also, advised client on how to negotiate the exit, and handle the court case to implement the order.
Settlement with the employee was facilitated.
· We provided legal opinion and drafted Legal Notice with respect to termination of an employee for a leading financial
consultancy. Also, advised client on how to negotiate the exit, and handle the court case to implement the order. Settlement
with the employee was facilitated.
Legal Opinions
· Reckitt Benckiser India - advised on laws related to advertisement of contraceptives (Durex and Kohinoor). Issues dealt in the
opinion were related to posting of advertisements on social networking sites like Face Book and You Tube, whether the same
would amount to obscenity and would be in violation of the Indian laws. The said opinion also revolved around the issue
whether RB India was permitted in the eyes of law to propagate free distribution of such contraceptives at public places
including Toll Plaza and along with newspapers and magazines.
Also, advised in relation to its products Durex “Play” and the literature on the packet of the said product. The issue discussed in
the opinion was whether the literature used on the packet of the said product can be categorized as obscene as defined under
the Indian laws and whether the sale and publicity of such products in India is prohibited under law.
14
SELECT CLIENTS
SECURITY PRINTING AND MINTINGCORPORATION OF INDIA LIMITED
15
PRACTICE LEADERS
CoreExpertise
· Corporate-M&A
· Arbitration&Litigation
· Banking&Finance
CoreExpertise
· Corporate-Commercial
· Energy
· ProjectFinance
CoreExpertise
· GovernmentProcurement
· InternationalArbitration
· RealEstate
CoreExpertise
· Corporate-Commercial
· CommercialLitigation
· EmploymentLaws
CoreExpertise
· EmploymentLaws
· IntellectualPropertyLaws
· RealEstate
CoreExpertise
· AntitrustLitigation
· BankGuaranteeDisputes
· ContractualDisputes
CoreExpertise
Ÿ Mergers&AcquisitionsŸ PrivateEquityŸ VentureCapital
16
CoreExpertise· ConstructionDisputes· ConsumerDisputes
· LandAcquisitionDisputes
CoreExpertise
· CapitalMarkets
· ForeignExchangeManagement
· Mergers&Acquisitions
CoreExpertise· Infrastructure· ProjectFinance· Energy
CoreExpertise· NationalCompanyLawTribunal· IntellectualPropertyLitigation
CoreExpertise
· AlternativeDisputeResolution
· CommercialLitigation
CoreExpertise
· Corporate/M&A
· ForeignExchangeManagement
· RealEstate
18
About us
Singhania&Partners(Established1999)isoneoftheleadinglawfirmsofIndiaproviding legal services in Dispute Resolution (Litigation & Arbitration),Corporate and Commercial, M&A, Employment, Infrastructure, IntellectualPropertyandProjectFinance.
ThefirmhasastrongpresenceinInfrastructure(Roads&Highways,Railways,PortsandShipyards),Aerospace,Defense,andEnergy(Power,Oil&Gas)sectors.OvertheyearsithasdevelopedreputedpracticeinBanking&FinancialServices,InformationTechnologyandRealEstateindustry.Itisalsocomingupinthearea
ofFood,Drugs&Cosmetics,EducationandHealthcare.
ItissoleIndianrepresentativeofTerraLex,Inc.(USA)whichisaglobalnetworkof600+officesofLawFirmswithmorethan19,000attorneysin100+countries.
SOLICITORS AND ADVOCATESSINGHANIA & PARTNERS LLP
www.singhania.in | www.singhania.cn
NEW DELHI
P-24 Green Park Extension,
New Delhi 110016, India
t: +91 (11) 4747 1414
BENGALURU
401, Prestige Meridian II,
30, Mahatma Gandhi Road,
Bengaluru 560001, India
t: +91 (80) 4113 1900
HYDERABAD
614, Babukhan Estate,
Basheer Bagh,
Hyderabad 500001, India
t: +91 (40) 4210 2424
